RIYADH, 10 April 2007 — Women students aspiring to go abroad on scholarships as part of the King Abdullah Scholarship Program were told last month that they would be unable to leave the Kingdom without a legal companion in the form of a husband, brother, or father — something that has caused an increase in a form of marriage dubbed the “mesfaar marriage” (the travel marriage).

Thirteen students have so far announced their intentions to get married solely for the purpose of being able to travel abroad and qualify for the scholarship program. The students say their family circumstances make it difficult for their brothers and fathers to accompany them abroad for long periods of time, sometimes three or four years.

“After learning about the requirements that women students need to have a male guardian in order to go abroad, some friends and I decided to get married. We announced that we were hoping to marry quickly in order to meet the deadline for our scholarship applications,” said an applicant of the King Abdullah Scholarship Program.

Speaking about the name of the marriage, student Zuleykha (not her real name) said: “The name was coined because we announced that we wanted to get married in order to travel abroad. That’s why it’s called the mesfaar marriage.”

According to Zuleykha, mesfaar marriages are perfectly legal and do not contradict principles of Islamic marriage. “They are in accordance with normal marriage conditions, which include the acceptance of the marriage from both sides, the attendance of witnesses, marriage registration, the consent and knowledge of families from both sides and the dowry,” she said, adding, “We don’t care so much about the name of the marriage as long as it’s according to Islamic norms.”

So, are mesfaar marriages temporary marriages as assumed by certain newspapers? “No, the marriage is a long-term marriage. This is a perfectly normal legal marriage. They’ve just been called mesfaar marriages because of the circumstances surrounding them,” added Zuleykha.

Specialists in Islamic law differ whether mesfaar marriages are proper or improper. Zaid Maharsh, assistant professor at the Faculty of Education in Jizan, who also holds a PhD in Islamic Law, feels such marriages are contrary to the principles of Islam.

“This type of marriage does not exist in Islam and contradicts all norms. It is based on personal interests, which is illegal and wrong,” he said.

Nour Al-Attas, a supervisor in the Islamic Education Office in Abu Arysh, said: “The main concern of girls nowadays is money and work. In order for them to achieve those objectives, they’re giving up traditional and religious norms. They’re also giving up their principles by marrying in such dubious ways. It is a shame that women are nowadays giving up their main role in life of being mothers.”

Schoolteacher Safiya Ahmed does not see any problem in such marriages. “They help women students continue their education. The level of education in the Kingdom is not exactly perfect. There are certain specialist fields that cannot be studied here and so people end up going abroad,” she said, adding, “If mesfaar marriages don’t consist of specified periods of time, and don’t violate Islamic rulings then there is no big deal. They are pretty helpful.”

Afaf Sadeq, head of the Faculty of Arabic Language in Jizan, said people needed to look beyond the modern names given to these sorts of marriages and weigh them up according to Islamic principles.

“People are just coining these names for personal reasons and for prestige. In future, we may hear other invented names. Legitimate marriages are clear and explicit and don’t need names. It is these types of marriages that are based on intentions to build strong and good families,” he added.

Hala Al-Utaibi, an MA student, said gaining an education is important to her but she would not opt for a mesfaar marriage. “My MA is in a very important and rare discipline, it’s about handicapped people. I’m hoping to get a Ph.D. by researching talented people with intellectual disabilities. I wouldn’t be able to do this in the Kingdom. Not having a legal companion is preventing me from traveling abroad to complete my studies. However, I would never think of doing a mesfaar marriage. They just seem controversial and not in line with Islamic principles,” she said.

Reem Saad feels that the main reason behind people opting for mesfaar marriages is a lack of educational opportunities in the Kingdom. “The Ministry of Higher Education could arrange for specialist courses to be available at universities in the Kingdom. This would stop these types of marriages from taking place,” she said.

A retired Saudi teacher, who preferred to remain anonymous, said: “Marriage is a sacred communion regulated by God in order to build families. Couples share the ups and downs of life. Nowadays, people have created new types of marriages, like the misyaar, the zawaj friend and now the mesfaar marriage. All these marriages have no basis in Islam,” she said.

“We need to educate our young boys and girls the meanings of self-esteem and dignity. Let them know that marriage is a sacred contract based on mutual rights and duties,” she added.

Muhammad Al-Nujaimi, professor of law at King Fahd University and member of the Islamic Fiqh Academy, said: “Once the marriage has fulfilled its conditions it is legal, regardless of the terminologies used by people. This is the same with regard to what is known as the mesfaar marriage.”

Meanwhile, women students who want to go for mesfaar marriages say there are conditions for prospective husbands.

“He needs to be single. We don’t want to be home wreckers. He also needs to be employed. Being employed proves that a man is hardworking and can bear the responsibilities of life,” said Zuleykha, adding, “We consider the dowry to be a natural entitlement. Girls who opt for mesfaar marriages don’t want to end up losing anything in case the marriage breaks up.”

She added: “We call on the public to take into consideration our circumstance. We really need to continue our education, which isn’t available in the Kingdom, and so this is the easiest way to get out of this predicament. What is the problem of traveling to complete our education and then returning to serve our homeland?”